Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Public Procurement Rules, 2004--- ----R. 26---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and injunction--- Interim injunction, grant of--- Plaintiff-company, manufacturer of pipes was the lowest bidder in tender invited by defendant, a gas company---Grievance of plaintiff-Company was that defendant-company could not revoke its bid and relied upon R.26 of Public Procurement Rules, 2004---Validity---Private entity calling for bids under a tender for its own purposes had a right to cancel the tender without assigning any reason or even without having one---Such option was not open to public sector entity which was a procuring agency within the meaning of Public Procurement Regulatory Authority Ordinance, 2002---All public sector actions must be taken for a valid legally defensible reason---Concerned entity or authority must have a lawful reason for action that it had taken (or refused to take, as the case might be) even if it might be able to assert a right not to make that reason public (i.e. to 'assign' it), the fundamental obligation of having lawful reason was not thereby annulled---Court, in appropriate circumstances, could insist that reason be given, i.e. disclosed, so that it could satisfy itself as to the lawfulness of the same---Pipes were lying with plaintiff and it was best placed being the lowest bidder in terms of the tender to coat the pipes---Plaintiff had to bear substantial inconvenience, both physical arid financial of keeping pipes at its factory for a long period entirely as a result of defendant's inaction and it had significantly interfered with plaintiff's other business operations---Balance of convenience was in favour of plaintiff and against defendant company---Plaintiff would suffer irreparable loss and injury if the contract for coating pipes was awarded to some other party---High Court granted interim injunction as all ingredients for interim relief were in place---Application was allowed in circumstances. ORDER MUNIB AKHTAR, J.---This application, filed by the plaintiff seeking interim injunctive relief, arises in the following circumstances. The…

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